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(영문) 부산지방법원 2020.10.13 2020가단4160

공사대금

Text

1. The defendant's KRW 98,495,00 for the plaintiff and 6% per annum from August 28, 2020 to October 13, 2020 for the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a stock company with the objective of indoor construction and indoor decoration business, and the Defendant is a stock company with the purpose of building business. 2) On December 2018, the Defendant contracted the Plaintiff with the Busan metropolitan captain C Corporation to the Plaintiff on December 2018.

Around December 7, 2018, the Plaintiff issued a written estimate set forth in KRW 178,370,000 (excluding value-added tax) to the Defendant. At the Defendant’s request, the Plaintiff agreed to set the construction cost as KRW 175,00,000 (excluding value-added tax).

3) The Plaintiff performed the said construction work from around that time to February 2019. 4) The Defendant requested the Plaintiff to perform the additional construction work on March 2019. On March 19, 2019, the Plaintiff issued a written estimate setting forth the details and amount of the additional construction to the Defendant KRW 5,459,000 (hereinafter “instant construction”). The Plaintiff completed the entire construction work including the additional construction work around March 2019 (hereinafter “instant construction”).

5) The Defendant paid the Plaintiff KRW 25,00,000 as the instant construction cost on April 12, 2019, KRW 40,000,00 on May 17, 2019, KRW 30,000 on July 12, 2019, KRW 30,000 on July 12, 2019, and KRW 5,000,00 on September 11, 2019. [The each entry in the evidence A, the purport of the entire pleadings, and the purport of the entire pleadings based on recognition, respectively.]

B. According to the above findings of determination, the defendant's total construction cost of KRW 198,495,00 (= value added tax of KRW 175,000,000 for the original construction cost of KRW 175,500,000 for the additional construction cost of KRW 17,500 for the original construction cost of KRW 5,450,000 for the plaintiff), which is 1,00,000 for the original payment of KRW 5,50,000 for the original construction cost of KRW 30,000 for the original construction cost of KRW 30,000 for the total construction cost of KRW 30,000 for 5,000 for the original construction cost of KRW 5,00 for the original construction cost of KRW 175,50,000 for the original construction cost of KRW 175,000 for the original construction cost of KRW 545,00 for the original construction cost of KRW 28,200.

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